'Sue and settle' bill sets off civil rights flap

The stated intention of the bill, penned by Rep. Doug Collins (R-Ga.), is to end so-called “sue and settle” practices under which green groups file lawsuits contesting policies that they charge are harmful to the environment or public health.

Subsequent settlements involving more stringent environmental restrictions settlements – often hammered out behind closed doors and approved by a judge – amount to the EPA setting regulations outside of the formal rulemaking process.

During consideration of the bill, Democrats on the House Judiciary panel said they feared it could be interpreted broadly and could impair the government’s ability to use consent decrees in civil rights cases.

“It’s not about race, its about endangered species,” he shouted during a heated exchange with Cohen. “And if the gentleman can point to an endangered species in this country that is a human being, I am with him one hundred percent.”

Democrats persisted in their contention, with Rep. Jerrold Nadler (D-N.Y.) declaring that the bill was “part of a general conspiracy to destroy the ability of government to enforce protective laws.”